News
Murphy, Hesse, Toomey & Lehane, LLP Partner Presents for an IFEBP Live Event
On April 29, 2021, the International Foundation of Employee Benefit Plans hosted a live event titled “American Rescue Plan Act: COBRA Premium Assistance Provisions”. Katherine Hesse, a partner at Murphy, Hesse, Toomey & Lehane, LLP, and longtime member of the IFEBP, was the speaker. Ms. Hesse has published several articles and presented numerous times on the subject of COBRA. During this presentation, Katherine described the new premium subsidies and the required notices related to it. She also gave the background and basics of COBRA and noted how the American Rescue Plan Act only affects some of COBRA, while the rest remains intact. Ms. Hesse went into detail on the “hot button” COBRA notice issues and gave several tips on how to avoid litigation. She outlines the common allegations, defenses, and rulings in potential class action lawsuits.
Ms. Hesse practices primarily in labor, employment and employee benefits law. She serves as counsel to Fortune 500 companies, emerging businesses, government, tax-exempt organizations and large Taft-Hartley and governmental trusts. She advises clients on employment and benefits issues, and has litigated employment and benefits cases before state and federal trial and appellate courts, administrative agencies and arbitrators. She led her team of attorneys to be named the only firm in New England and one of only 11 in the United States to the special ERISA fiduciary litigation panel for one of the world’s largest insurance companies. She serves on the Board of Directors of the International Foundation and as Chair of its Government Liaison Committee. Ms. Hesse, a CEBS Compliant ISCEBS Fellow, was inducted into the new ISCEBS Hall of Fame in 2018. She received her B.A. degree from Smith College and her J.D. degree from the Boston University School of Law.
United States Supreme Court Opens the Door for Special Education Students’ Right to Bypass Due Process Hearings When Also Suing School District for Money Damages Under ADA: Perez v. Sturgis Public Schools, 598 U.S. ___(2023)
In a unanimous ruling issued on March 21, 2023, the United States Supreme Court decided in favor of a 27-year-old deaf student who sued his Michigan school district, claiming he was denied the services of a qualified interpreter for years, and was misled by teachers and administrators about his progress in school. The student, Miguel Perez, only sought monetary damages. The Court held that he was free to sue the district for money damages due to discrimination under Title II of the Americans with Disabilities Act (ADA). The Court found that he did not have to “exhaust his administrative remedies,” prior to bringing such an action for damages. The doctrine of exhaustion of administrative remedies in a case involving the rights of a disabled student requires a litigant to file and complete a due process hearing before an agency like the Bureau of Special Education Appeals (BSEA) on all claims stemming from a school district's requirement to provide a student with a Free Appropriate Public Education (FAPE) under the Individuals with Disabilities Education Act (IDEA).
United States Supreme Court Opens the Door for Special Education Students’ Right to Bypass Due Process Hearings When Also Suing School District for Money Damages Under ADA: Perez v. Sturgis Public Schools, 598 U.S. ___(2023)
In a unanimous ruling issued on March 21, 2023, the United States Supreme Court decided in favor of a 27-year-old deaf student who sued his Michigan school district, claiming he was denied the services of a qualified interpreter for years, and was misled by teachers and administrators about his progress in school. The student, Miguel Perez, only sought monetary damages. The Court held that he was free to sue the district for money damages due to discrimination under Title II of the Americans with Disabilities Act (ADA). The Court found that he did not have to “exhaust his administrative remedies,” prior to bringing such an action for damages. The doctrine of exhaustion of administrative remedies in a case involving the rights of a disabled student requires a litigant to file and complete a due process hearing before an agency like the Bureau of Special Education Appeals (BSEA) on all claims stemming from a school district's requirement to provide a student with a Free Appropriate Public Education (FAPE) under the Individuals with Disabilities Education Act (IDEA).
Braintree, MA
50 Braintree Hill Office Park, Suite 410,
Braintree, MA 02184
Boston, MA
75-101 Federal Street
Boston, MA 02110
Tel: (617) 479-5000
Tel: (888) 841-4850
Fax: (617) 479-6469
Quincy, MA
Crown Colony Plaza
300 Crown Colony Drive, Suite 410
P.O. Box 9126
Quincy, MA 02169-9126